[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR133.25]



[Page 708-709]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 133_TRADEMARKS, TRADE NAMES, AND COPYRIGHTS--Table of Contents

 

Subpart C_Importations Bearing Registered and/or Recorded Trademarks or 

                          Recorded Trade Names

 

Sec.  133.25  Procedure on detention of articles subject to restriction.



    (a) In general. Articles subject to the restrictions of Sec. Sec.  

133.22 and 133.23 shall be detained for 30 days from the date on which 

the merchandise is presented for Customs examination. The importer shall 

be notified of the decision to detain within 5 days of the decision



[[Page 709]]



that such restrictions apply. The importer may, during the 30-day 

period, establish that any of the circumstances described in Sec.  

133.22(c) or Sec.  133.23(d) are applicable. Extensions of the 30-day 

time period may be freely granted for good cause shown.

    (b) Notice of detention and disclosure of information. From the time 

merchandise is presented for Customs examination until the time a notice 

of detention is issued, Customs may disclose to the owner of the 

trademark or trade name any of the following information in order to 

obtain assistance in determining whether an imported article bears an 

infringing trademark or trade name. Once a notice of detention is 

issued, Customs shall disclose to the owner of the trademark or trade 

name the following information, if available, within 30 days, excluding 

weekends and holidays, of the date of detention:

    (1) The date of importation;

    (2) The port of entry;

    (3) A description of the merchandise;

    (4) The quantity involved; and

    (5) The country of origin of the merchandise.

    (c) Samples available to the trademark or trade name owner. At any 

time following presentation of the merchandise for Customs examination, 

but prior to seizure, Customs may provide a sample of the suspect 

merchandise to the owner of the trademark or trade name for examination 

or testing to assist in determining whether the article imported bears 

an infringing trademark or trade name. To obtain a sample under this 

section, the trademark/trade name owner must furnish Customs a bond in 

the form and amount specified by the port director, conditioned to hold 

the United States, its officers and employees, and the importer or owner 

of the imported article harmless from any loss or damage resulting from 

the furnishing of a sample by Customs to the trademark owner. Customs 

may demand the return of the sample at any time. The owner must return 

the sample to Customs upon demand or at the conclusion of the 

examination or testing. In the event that the sample is damaged, 

destroyed, or lost while in the possession of the trademark or trade 

name owner, the owner shall, in lieu of return of the sample, certify to 

Customs that: ``The sample described as [insert description] and 

provided pursuant to 19 CFR 133.25(c) was (damaged/destroyed/lost) 

during examination or testing for trademark infringement.''

    (d) Form of notice. Notice of detention of articles found subject to 

the restrictions of Sec.  133.22 or Sec.  133.23 shall be given the 

importer in writing.